court in the last crop of justice o'connor upheld an affirmative action program for the university of michigan as said it was appropriate to take race into account. if you do it any way that is personal that isa quota and do other stuff so no court can figure out what your doing. it is so if you may get -- so it is individualized, so nobody has a smoking gun that race was the actual fact, then you can do it. people in universities, shockingly, are able to do these things. i don't think as long as that is the rule, the supreme court will be interested in coming back to that issue so soon. what makes the case more interesting is in the interim, while affirmative action had been thrown out by the fifth circuit in the 1990's, the texas legislature, i think at the behest of the elite republican who i am sure is very close to everybody here, passed a statute that said in order to increase the amount of minority students in texas public education, there was going to be a guaranteed 10% for the top 10 at each high school, would be entitled to go into one of the university's in the system. the question